Henderson v. KIRBY DITCH COMPANY

Milton Henderson sued the Kirby Ditch Company and its three directors seeking (1) damages because of his not having received his proportionate share of irrigation water at times and at other times having received an oversupply which flooded him; (2) a mandatory injunction requiring defendants to promulgate and enforce reasonable rules and regulations in order to permit plaintiff to secure a steady and uninterrupted flow of his pro rata share of water; and (3) in view of the dispute between the parties as to plaintiff’s right to offset damages claimed against unpaid water assessments, a…